A/HRC/12/34/Add.3 page 20 71. Such arrangements for the exercise of governmental authority need to be complemented by measures for indigenous peoples to secure proprietary interests in lands and natural resources. In its article 14 (1), Convention 169 mandates recognition of indigenous peoples “rights of ownership and possession” over the lands they “traditionally occupy”, which, as understood in international practice, implies that “traditional possession of their lands by indigenous people has equivalent effects to those of a State-granted full property title”.7 In addition, Convention 169 upholds indigenous peoples’ right to “use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect”.8 72. The non-exclusive-use rights that are affirmed in the Convention should be understood to include the rights to use the natural resources on lands in accordance with traditional patterns. While these basic rights seem to be enjoyed de facto by the Adivasi Janajati communities of Nepal in some areas, particularly in the mountains, it is not the case in relation to the majority of communities, where indigenous traditional title seems to be widely disregarded in relation to claims of State or private ownership, particularly in land distribution schemes and community user group regimes. These basic rights should be afforded constitutional recognition, and serve as a normative basis for ongoing discussions on land reform and future legislation. 73. Both Convention 169 and the United Nations Declaration add that Governments are to take steps to establish procedures to resolve indigenous peoples’ land claims, including compensation for lands lost without their consent.9 While acknowledging the many difficulties involved in addressing historical injustices faced by the Adivasi Janajati in relation to their traditional lands and territories, as well as the pressing need to take into account other societal needs and interests, the Special Rapporteur considers that redress for these historical injustices should be fully incorporated in the political agenda as part of the country’s ongoing transition towards democracy. In reviewing the claims of the Adivasi Janajati over traditional lands and natural resources, priority should be given to those communities that rely on their traditional economies for their subsistence, and which are now found in situations of vulnerability or high marginalization. 4. Cultural integrity 74. Recognition of the right to self-determination for the Adivasi Janajati in the new constitution of Nepal requires respect and accommodation for the full range of their cultural attributes, including their languages and religious traditions. Because of the historically rooted structures that have suppressed indigenous cultures and identities, explicit constitutional recognition and reparative measures may be required to promote and protect them. Urgently 7 Inter-American Court of Human Rights, Sawhoyamaxa v. Paraguay; see also United Nations Declaration, arts. 25-26. 8 Convention 169, art. 14 (1). 9 Convention 169, art. 14 (2)-(3); United Nations Declaration, arts. 27-28.